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CM-2024-116 - 4/5/2024ELECTRONICALLY RECORDED 2024027928 Williamson County, Texas Total Pages: 10 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § A This Agreement is made this At�y of _12�� a@Q-3, by and between the CITY OF ROUND ROCK, TEXAS a Texas home rule municipality, whose address is 221 East Main Street, Round Rock, Texas 78664 (hereinafter "Licensor"), and AVERY CENTRF, EAST HOMEOWNERS ASSOCIATION, INC., a Texas nonprofit corporation whose mailing address is 11950 Jollyville Road, Austin, Texas 78759 (hereinafter the "Licensee"). Whereas, Licensor is the owner of the real property (hereinafter, "Property") in the City if Round Rock, Williamson County, Texas, which is public rights -of -way, specifically Jav:�e Nora Way, Cora Ivy Lane, and Ezra Finn Loop, as depicted in Exhibit "A," attached hereto and incorporated herein; and Whereas, Licensee desire to exercise certain rights and privileges upon the public rights - of -ways located within the Property; and 'Ithereas, Licensor desires to grant Licensee certain rights and privileges upon public rights -of -ways within the Property; and 0 P-�p�11�1111 8100IM1 1 1! , ii , � � , ii � , I � � i � I � I I i 1.1 Licensee shall have the right to enter the Property to install, maintain, and repair landscaping and irrigation improvements, as depicted in Exhibit "Asubject to all conditions recited herein. 1.2 It is understood that this Agreement creates a license only and that Licensee do not and shall not claim at any time any interest or estate of any kind in the public right-of-way located within the Property by virtue of this license. f.3 It is further understood that before the installation of any of the current or subsequent improvements depicted in Exhibit "A," Licensee shall present a detailed plan to the Planning & Development Services Director for review and approval. Approval of any plan shall be solely within the discretion of the Planning & Development Services Director. 1.4 It is further understood that Licensee must comply with all other requirements of the Code of Ordinances of the City of Round Rock, Texas. 2024027928 Page 2 of 16 1.5 It is further understood that Licensor has no duty to maintain, operate, replace, or repair any improvement in or upon the Property, including the payment of any fees of any kind associated with any improvements. . Consideration 2.1 In consideration for this license, Licensee shall pay Licensor $10.00 and other good and valuable consideration. III. Nonassignability assignable.3.1 The license granted in this Agreement is personal to Licensee. This Agreement is not a l of this Agreement will automatically the license. 1 1 foregoing, v of the Licensor, shall be permitted Aassignunder\ any entity acquiring all or a portion of Licensee's property adjacent to the Property or a property owners association created to maintain Licensee's improvements provided such assignee assumes Licensee's obligations and rights granted under this Agreement, and Licensee shall 1'releasedfrom any and allobligations hereunder accruingafter such assignment. f 1 This Agreement is terminable by either party at will by the giving of actual notice to the other party. Upon termination, any improvements to the Property, at Licensor's option exercised in writing, will become the property of Licensor and it is agreed that Licensor will not reimburse Licensee for any costs expended for said improvements. V. Indemnity COMPLY5.1 LICENSEE SHALL / ' OF ALL APPLICABLERULES ANDREGULATIONS,1INDEMNIFY r HOLD OFFICERS,is EMPLOYEESr AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, OF ACTION,OF LITIGATION,COURT COSTS,r ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION OF THE LICENSE UNDER AGREEMENT,THIS EXCEPT / ■ : / / ■ OR ITS / ■ AGENTS /. ■ EMPLOYEES, ARE NEGLIGENT / ■ OF WILLFUL MISCONDUCT OR OF LICENSOR'S CONTRACTOR'S ACTS THAT ARE NEGLIGENT OR OF WILLFUL MISCONDUCT. 11 2024027928 Page 3 of 10 LTA lam 11 n. = &I Licensee assumes full responsibility for its exercise of the license, and hereby releases, relinquishes and discharges Licensor, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death, of any person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in connection with Licensee's exercise of thi license under this Agreement whether or not said claims, demands and causes of action in whole or in part are covered by insurance. zffmn�] - � 1A This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Venue for any dispute under this Agreement shall lie exclusively in the courts of Williamson County, Texas. 8A Notice shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. mail to the following addresses: LICENSOR: City of Round Rock ATTN: City Manager 221 East Main Street Round Rock, Texas 7866,1 LICENSEE: Avery Centre East Homeowners Association, Inc. 11950 Jol lyvi Ile Road Austin, Texas 78759 I 3. 2024027928 Page 4 of 10 IN WITNESS WHEREOF, this AGREEMENT is executed on this j1fL- di -!—& L2-0 V 2023. 11111,111,1111 J11•'i 11 ! 11, 4 1111 I.H11111111 1• 1 1 1 asawk STATE OF -J�jVCC,-5 § COUNTY OF § M: Did I I 1. RAW mwevGel w-y�-un therein expressed. Given my hand and seal of office on this the �101-day of 04p6ev 2023. b] rT.W;l I 4 , . - v{W-T'4" 301 W. Bagdad Ave., Suite 2 10 Round Rock, TX 78664 Notary Public, �tate of Texas 0 M6 2024027928 Page 5 of 10 I M rej DR, City of Round Rock, Texas By: atat, Laurie Hadley, City Manager v Date: COUNTY OF WLLLIAMSON -2- This instrument was acknowledged before me on thist�� day of, by Laurie Hadley, City Manager of the City of Round Rock, in the capacity and for the purposes and consideration therein indicated. TT "I ............. ... a r, t Signature 'Ll -Printed Name 101MOI-IMIMMMM 2024027928 Page 6 of 10 ?-0 I I RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation C\I z 0 W W U) CL U) W W a: F- z W Cr W 0 z 2024027928 Page 7 of 10 .0 opp�C IN to Q z C11 WALLIN BRADLEY DRIVE J1 (108' WD7H ROW) 1M wt um"K *4 owu J" RECORDERS MEMORANDUM All or parts ofthe text on this page was not clearly legible for satisfactory recordation U) LLj < F- z U) Ld W 0- Y W cr F— U) p < a < cr 0 W U) W W Z =) z W cr 00 F— z W Q cr Lu < es —0 CV wn met *u 2m 199 -4 "" 2024027928 Page 8 of 16 o gel � 0 o�z � o Q W x Q _ w w - - 4 a. Y UO Q Q p � e wLU a w W F J z w w Q r LL O1 Li m .»am a �a n reea zwe •�a RECORDERS MEMORANDUM .All r parts � f thie to it on thin page , aa nat leaii / legible for Kati=eta-t5 ry re 2rd ati2n 2024027928 Page 9 of 10 8 # o o # b W QQ < © I z � W W J X uj P RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation P, :.1 V Li i. IL S, ?} �4 Lu U) IT— LLI (1) Q CL C~I} L LJ ui cc Lll U} Lu X Lu W Y LU U � MO O i.L ID w Z) w c J a. -C O 2024027928 Page 10 of 10 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2024027928 Pages: 10 Fee: $73.00 04/09/2024 12.20 PM KWEEMS 1 AST40f F� Gti, Nancy E. Rister, County Clerk Williamson County,Texas